The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1887-12-22
land 1tt,es Once More.

< This act was passed and approved
March 9th, 1886, and its 4th section is
as follows:
"Bs IL further enacted, That all
deeds, deeds in trust and mortgages
recorded in said counties, and of re-
cord at the time of the burning Of said
court houses, shall be constructive
notice two years from the date of the
passage of this act and no longer, I'M
less said deeds, deeds in trust and
mortgages are recorded or proceed
ings are begun under this act or other
wise, to make record evidence of the
rights Of said parties claiming under
OF through said instruments"
II will be observed that but n short
time remains within which said instru-
ments must be re-recorded in order to
keep in full effect their original
registry.
II will further be seen that the act
applies to oil DECIDE, deeds in trust and
mortgages, and yet we learn that many
persons have had re recorded the deed
to themselves only, and not the whole
of the deeds which make up their
chain of title. The whole claim should
be re-recorded; this is apparent not
only from the words all deeds, &C., but
also from the concluding words of the
section quoted, claiming under or
through said instruments" 1t does but
little good to put of record deed
from "a" to yourself unless there is
also recorded the deed to "a" from
whom you purchased, and also the
deed to the party who sold to "a"
and 80 of the whole chain back, as far
as the law applies.
In this connection it will be seen by
even cursory reading that the act
applies to all deeds made since the
formation of this Lincoln) county, so
far as concerns us; except that for
lands which were taken from Pike, all
deeds, no matter when made, should
be recorded anew, and in Lincoln
county.
If there is an existing record in the
county from which the land was taken,
properly made before the formation of
this county, then the act of 1886 does
not apply.
But suppose the old deeds are lost
and cannot be re-recorded, what then
Well, the act provides for this case !;
and if yours is such case you had
better consult some one capable of
advising you when full statement of
the facts of your case is made.
Do yon ask what under the law will
be the effect of a failure to re-re-
cord your deedf To commence with,
as to persons without actual notice of
such a deed, it will be just as if that
deed, deed of trust or mortgage was
never made. The party who sold to
you, or to the person from whom you
bought, can sell again and convey
title if he can find purchaser who is
without notice o. the deed or deeds
under which You hold. This one
consequence is enough to cause all
prudent men to see to it that record
are made of their titles.
There are going to be losses, and we
fear heavy losses growing out of this
matter. See to it that you are not of
those who will wall and gnash your
teeth, for want Of little business
foresight.
Don't lose and then curse the law.
The law is a good one, and will result
in the perfection of our cOunty's
records. AS it now is, many land
sales are prevented because of the
destruction of the records. Investors
and men with money tOloan are 10th
to do such business where real estate
titles are uncertain. A very little fore
sight and a very little expense on the
part of each land owner is all the
imposed by the law; and
this is but the consequence of the
burning of the court house, and it is
a mere trif1e in comparison with the
of a land record upon
which all persons can rely, and not be
trapped by the burning up of old
deeds of the existence of which they
had no means of learning. There is
get time, if yom act at once, for you to
perfect your titles.
But some smart Alec will say, ~
am in possession of my land, and this
gives the world notice of my claim"
This may be true of Il mans dwelling
house, and his yard and his kitchen,
of all of which he has pedal possession,
with his feet on it, but it is not true
in any sense of unenclOsed land, wood
land or of any land of which the
owner has not actual, as distinguished
from constructive possession. This
" constructive" idea is what the act of
1886 destroys.
The cheapest and best way to deal
with this matter, and such questions,
is to place of record the evidences of
Your title.